James Braund, specialist personal injury lawyer and partner at Trethowans, based at their Dorset offices in Bournemouth and Poole, has recently settled a significant brain injury claim arising out of a Road Traffic Accident.
The Incident
Mr K was cycling on his way to work, as a teacher, in the morning of 11 November 2021. During his journey he correctly rode around a roundabout. Unfortunately, a car did not see him, failed to give way and drove out from another roundabout entrance, into collision with him.
Mr K was taken to hospital and spent a period there in an induced coma. It was identified that Mr K had suffered significant injuries, including a moderate-severe traumatic brain injury, various facial / cranial fractures, 10 rib fractures, various fractures to his left hand as well as carpal tunnel syndrome, soft tissue injuries to his left shoulder and right knee, a lacerated spleen and left lung pulmonary contusions, ophthalmic injuries, left sided tinnitus and hyperacusis and psychiatric injuries.
The Claim
Mr K initially instructed James, in around January 2022. James established contact with the vehicle’s insurers and gathered initial evidence regarding the case. Rehabilitation was put in place, with a Case Manager jointly appointed to oversee further private treatment for Mr K. An interim payment was also released to help Mr K financially.
Throughout the claim, Mr K received significant support from his Case Manager and rehabilitation team, undergoing Occupational Therapy, Neuropsychology and Vocational Therapy. General support with work and his family was also provided, as well as a Support Worker being sourced and put in place.
Due to the severity of his injuries, Mr K was unable to return to his previous work as a teacher (although, with support, he was able to engage in some voluntary vocational activities).
Contributory Negligence
Throughout the claim, the driver’s insurers and solicitors sought to allege that Mr K was partly responsible for his injuries, as he had not worn a cycle helmet. James disputed this, throughout the claim, on Mr K’s behalf, arguing that the injuries would have been suffered, even if Mr K had been wearing a helmet.
Expert evidence was also obtained from accident reconstruction / cycle helmet experts, with further input on the point from expert neurologists.
Further Investigation and Settlement
Mr K’s medical records were obtained and various medical experts were instructed to provide their views on his condition and prognosis, including input from a hand surgeon, an ENT surgeon, an ophthalmologist, a haematologist, a general trauma / orthopaedic surgeon, a neurologist, a neuropsychologist, a neuropsychiatrist and a care expert. The other side also obtained expert evidence from their own neurologist, neuropsychologist, neuropsychiatrist and care expert. Mr K’s prognosis was subject to heavy dispute between the various experts.
James also gathered documentation regarding Mr K’s financial losses and took witness statements regarding his injuries generally, as well as his loss of earnings and the care he had received. Input was also obtained from a specialist barrister. This allowed James to look to value Mr K’s case.
A Joint Settlement Meeting took place in summer 2025. This resulted in the claim being settled for a high, significant 6-figure sum.
Client Feedback
Mr K stated “”James left no stone unturned and I had full trust in him throughout this whole process. It meant we were fully prepared and ready going into the negotiations with the other side. As importantly as this, James was so kind and considerate and approachable in the way he worked with and for me and my family. He always took care of my dignity and humanity and I felt that he was genuinely motivated out of compassion to get me the support and security that I need. I wouldn’t hesitate to recommend him to anyone going through such a difficult time.”
James added “Mr K suffered life changing injuries almost 4 years ago, as a result of a Road Traffic Accident which was not his fault. Despite that, he and his family have conducted themselves in an admirable manner, throwing themselves into his rehabilitation. Now that this case has settled, Mr K can finally get on with the rest of his life, with financial security and the means to continue his therapy and support.”
